Worker shocked by exposed wire sues in Texas court

A lawsuit has been filed in a Texas court by a worker who was installing insulation when his hand came into contact with a live wire, which sent an electrical current through his hand and out from his neck.

The worker, Nicholas Boudreaux, a Superior Energies employee, has filed a workplace accident lawsuit against Conrad Industries, alleging breach of the Longshore and Harbor Workers Compensation Act and General Maritime Law.

According to the lawsuit, Boudreaux was performing repair work in a ferry boat that was on the water. He put his hand into an overhead area, and that’s when he came into contact with a live wire that connected an overhead light to the ship’s generator.

In his work site accident lawsuit, Boudreaux accuses the defendant of negligence in failure to provide a safe workplace and failure to inspect the electrical wiring on each of its vessels. The lawsuit further accuses Conrad Industries of damaging the wire and failing to repair it.

The plaintiff is seeking damages for medical expenses, loss of earnings, physical impairment, mental anguish and pain and suffering.

For more on this electrical accident and workplace lawsuit, click here for the complete article.

Electrocutions are the second highest cause of death for construction workers after falls. There can be fatal consequences if a worker touches a live electrical wire with a part of their body, tool or piece of equipment. Injuries caused by electrocutions include severe burns, heart failure and neurological damage. Even a seemingly simple activity such as moving a ladder or unloading cargo from a truck can lead to contact with a high voltage source of electricity.

Electrocutions and electrical accidents in the workplace can be caused by a defective product, electrical equipment that is improperly secured or wired or a lack of proper safety training. Sources of electricity that can lead to electrocutions include underground utility lines, overhead power lines, defective products, high voltage machinery and frayed or exposed wires.

Other electrical accidents are caused by negligence on the part of the contractor, property owner, electrical engineer or architect. If a third party is responsible for the electrical accident or workplace electrocution, then it may be possible to bring a claim for damages. Personal injury lawsuits are particularly important in cases where workers’ compensation benefits are insufficient to cover the injured workers’ losses and expenses.

If you or someone you love has been injured in a workplace electrical accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas work accident attorneys, email us or phone us toll free at 1.866.322.6898.

Construction workers sue over injuries sustained in scaffold collapse

Two construction workers are suing a contractor over injuries they received after a scaffold collapsed.

The two men were working on a scaffold at St. Anthony Cathedral Basilica in Beaumont, Texas when the accident occurred. According to the lawsuit, the contractor removed two of the scaffold’s supporting legs and the structure collapsed while both men were standing on it.

The plaintiffs were working for BETCO Scaffolding when the company was hired by H.B. Neild and Sons in January of 2009 to complete work in the Cathedral.

In their work accident lawsuit, the men are seeking damages for medical expenses, lost earnings, loss of earning capacity, pain and suffering, physical impairment and mental anguish.

For more on this workplace accident lawsuit, click here for the complete article.

Injuries from falls at construction sites are all too common in Texas. According to the U.S. Department of Labor Bureau of Labor Statistics, the construction industry has the highest number of worker fatalities of any industry.

Falls are the most common cause of workplace injuries at construction sites. Moreover, falls from scaffolds and ladders account for the greatest number of falls at construction sites.

Other common types of workplace accidents at construction sites include electrocution, cave-ins and explosions. While on the work site, construction workers are also at risk from falling objects, exposure to noise and hazardous substances and defective power tools and equipment.

If you have been injured in a construction site or other workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati today for free legal assistance. You can email us or phone us toll free at 1.866.322.6898.

Do I need an attorney to file a workers’ compensation claim in Texas?

Workers’ compensation laws are complicated, and cases are often not as straightforward as they first seem. An injured worker who moves forward on their claim without the assistance of an attorney runs the risk of making a mistake that will result in their receiving less money than they are entitled to.
You should seek the immediate counsel of a workplace accident attorney particularly if:
• You will be unable to return to work.
• You have suffered a serious injury or permanent disability .
• You were receiving a high salary before your injury.
• You are being pressured to settle by your employer or an insurance adjuster.
• You are being discriminated against at work because of your claim.
• Your claim has been denied.
• There are questions as to whether you are an employee or an independent contractor.
Your Texas workplace accident attorney will provide you with valuable assistance throughout the claims process, including:
• Collecting evidence
• Referring you to a physician
• Making sure that all of your paperwork is properly filed
• Keeping you informed on the status of your claim
• Negotiating on your behalf
• Providing expert legal knowledge on employment laws and workers’ compensation laws
Last but certainly not least, workers’ compensation benefits may not cover all of your expenses. A Texas work accident attorney can evaluate your case and determine if you have a third-party claim in addition to your workers’ compensation claim, meaning you may be entitled to additional compensation beyond workers’ compensation benefits.
For free legal advice on your workplace accident, contact the Texas personal injury lawyers of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898.

I was injured in a workplace accident, but I heard that I can’t bring a lawsuit because of workers’ compensation laws. Is that true?

It depends. Texas is the only state that does not require employers to subscribe to workers’ compensation. If your employer is a nonsubscriber, and you are injured on the job, then you may be able to bring a legal claim against your employer.

Regardless of whether or not your employer subscribes to workers’ compensation, there is a possibility that a third party, such as a property owner, vendor or subcontractor, is wholly or partially responsible for your injury. In that case, workers’ compensation laws have no bearing whatsoever on your ability to bring a lawsuit.

The wisest move is to contact a workplace accident attorney who can evaluate your case and determine whether you have a valid claim.

If you have been hurt in a workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898 to receive your free legal advice.

I was injured in a workplace accident. Can I recover more than just workers’ compensation benefits?

Workers’ compensation laws only apply to your employer. If your employer subscribes to workers’ compensation, then you cannot sue your employer over your workplace accident.

However, workers’ compensation laws have no bearing on the potential liability of third parties, such as vendors, equipment manufacturers and subcontractors. If a third party is at fault for your injuries, then you can seek compensation from that party above and beyond what you are receiving through workers’ compensation.

Moreover, in Texas, employers are not required to subscribe to workers’ compensation, so, depending on your employer’s status, it may be possible to bring a workplace accident lawsuit directly against your employer.

If you have been injured in a workplace accident, contact Fears | Nachawati today to receive free legal assistance from a Texas personal injury attorney. For your free legal consultation, email us or phone us toll free at 1.866.322.6898.

Employee rights under OSHA

The Occupational Safety and Health Administration (OSHA) was created in 1970. It is a division of the Department of Labor, and its mission is to reduce hazards in the workplace as well as to craft a system of safety and health regulations and programs. Simply put, OSHA exists to help prevent workplace accidents.

You as an employee have certain rights under OSHA. These include the right to:

• Receive training from your employer about any chemicals or hazardous substances you may be exposed to or work with
• File a complaint with OSHA if there is a violation or serious hazard in your workplace and to have your name withheld in doing so
• File a complaint with OSHA without being retaliated or discriminated against by your employer
• Request that your employer correct any OSHA violation or other dangerous condition in the workplace
• Be a part of any OSHA inspection of your workplace as well as the right to be informed of the results and appeal the final action, if necessary

If you have been involved in a workplace accident caused by an OSHA violation or other dangerous condition, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal assistance with your Texas workplace accident claim, email us or phone us toll free at 1.866.322.6898.

Workers’ compensation income benefits

If you have been injured in a Texas workplace accident, you may be entitled to income benefits through workers’ compensation. Income benefits are paid directly to the injured worker by the employer’s workers’ compensation insurance carrier.
There are four different types income benefits under the workers’ compensation scheme:
1. Temporary Income Benefits
2. Impairment Income Benefits
3. Supplement Income Benefits
4. Lifetime Income Benefits
The amount of compensation the injured worker receives depends on the worker’s wage prior to the injury, the length of time the worker missed work or has worked for less pay and the seriousness of the injury.
Complex formulas are used to determine the amount of income benefit payments the worker will receive. Another complicated issue is your “impairment rating,” which is a percentage assigned to describe the extent to which your injury has caused a disabling condition.
A Texas personal injury lawyer can explain the workers’ compensation process to you and answer any questions you may have. By hiring a Texas workplace accident attorney to represent you in making a workers’ compensation claim, you will ensure that you receive the maximum compensation to which you are entitled.
The Texas personal injury lawyers of Fears | Nachawati help injured workers in bringing workers' compensation claims. To receive free legal advice from a Texas workplace accident lawyer, email us or phone us toll free at 1.866.322.6898.

How to avoid workplace accidents

Workplace safety starts with prevention. There are steps that every worker can take to protect themselves from workplace accidents.

Stay injury-free with these tips on avoiding workplace accidents:

1. Know the risks: The first step in avoiding a workplace accident is understanding the risks that are inherent in your job. Take advantage of safety training programs and continuing education courses to remain knowledgeable about the risks associated with the work you perform.
2. Inform others of potential hazards: If you spot a potential hazard, be sure to inform your supervisor of the danger. Make sure your fellow workers are informed as well.
3. Use proper equipment: Use the right tools for the job. Too many workplace injuries occur because the worker was using improper or defective equipment.
4. Maintain your equipment: Similarly, equipment should be regularly maintained to ensure that it is in proper working order. Any equipment that is faulty or defective should be repaired or replaced.
5. Get adequate sleep: When you’re fatigued, you have difficulty focusing and concentrating. Particularly when working with machinery and heavy equipment, you must remain 100% focused on the task at hand.
6. Stay safe on the road: Motor vehicle accidents are among the most common of all workplace accidents. Exercise care and caution when operating motor vehicles while on the job.

If you have been injured in a workplace accident, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal advice on Texas workplace accidents, email us or phone us toll free at 1.866.322.6898.

Proving an employee-employer relationship

In Texas, employers are not required to subscribe to workers’ compensation, which means it may be possible to bring a lawsuit against your employer if you are injured while on the job.

Bringing a successful workplace accident lawsuit in Texas starts with proving that an employee-employer relationship existed between you and the person you are suing. Proving an employee-employer relationship is critical because the defendant may try to argue that you were an independent contractor rather than an employee.

Several factors are considered when determining whether an employee-employer relationship existed at the time of your accident. Three of the most important factors are whether you use your own tools to perform the work, whether you are on a salary or paid by the job and the amount of control the defendant had over the details involved with performing the work.

If you can prove that an employee-employer relationship existed, you must then pass a second hurdle, which is proving that you were acting in the “course and scope” of your employment at the time of the accident.

To prove that you were acting in the course and scope of your employment you must show two things. First, you must show that your injury occurred while you were acting in furtherance of your employer’s business. Second, you must show that the work you were required to do actually caused your injury.

If you were injured on the job, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice about your Texas workplace accident and your rights, email us or phone us toll free at 1.866.322.6898.

I was injured while working at a construction site. Who is responsible for my injuries?

Construction site accidents are complex cases. Numerous individuals and companies are involved in any given construction project, which means there is a wide spectrum of potentially responsible persons when someone is injured.

The more complex and sophisticated the construction project, the more possible defendants there are. Some of the individuals who may be held responsible if you are injured in a construction site accident include:

General contractors and subcontractors: Contractors have a duty to provide their workers with a reasonably safe work environment. They also have a duty to warn their workers of any hazards or defects at the site, as well as any inherent hazards in the work to be performed. General contractors and subcontractors are responsible for ensuring that the construction work is being performed safely, ensuring safety regulations are being complied with and hiring reasonably competent employees.

Prime contractors: A prime contractor is responsible for a limited, specific aspect of the construction work being performed, while a general contractor is responsible for the project as a whole. Prime contractors are also responsible for the work done by any subcontractors they hire.

Property owner: The owner of the property where the construction is taking place may be liable for your injuries under certain circumstances. Landowners have a duty to ensure that their property is reasonably safe. If the landowner knew or should have known of a dangerous condition on their property, and if someone is injured because of that dangerous condition, then the property owner may be held liable. Whether or not the landowner is liable in a construction site accident depends on the amount of control the property owner exercised over the property during the construction.

Equipment and machinery manufacturers: Manufacturers have a legal duty to ensure that the products they make are reasonably safe for their foreseeable and intended use. The maker of a piece of construction equipment or machinery can be held liable if the product they manufactured is defective and if that defect causes an injury. These are known as product liability cases, and the manufacturers are held strictly liable, which means that the injured plaintiff does not need to prove negligence.

Engineers and architects: The amount of responsibility assigned to a design professional such as an engineer or an architect depends primarily on their contract with the site’s owner. For example, an engineer or architect may be responsible for inspecting the construction site to ensure that code regulations are being complied with or to ensure compliance with the specifications of the blueprints. In general terms, design professionals such as architects and engineers are held to certain standards of their profession. An engineer or architect may be held liable if their failure to meet one or more of these standards results in an injury to a construction site worker.

If you were injured at a construction site, talk to a personal injury lawyer as soon as possible. To receive free legal advice from a Texas work accident attorney, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.322.6898.

One dead, three injured in Texas oil field accident

One worker is dead and three others are injured after an industrial accident in a Texas oil field Monday morning.

The deceased victim, 65-year-old Johnny Mills, died after being exposed to hydrogen sulfide while he was working in an oil field.

Mills, along with another worker named Steven Waters, was on top of a tank battery. Both men were exposed to hydrogen sulfide gas when they went to open a valve.

When officials arrived on the scene, Mills was found lying unconscious on top of the tank. Waters had fallen off the tank.

Two other workers, Ernie Hicks and Mike Moore, were on the ground when the incident occurred. The two men were taken by ambulance to an area hospital where they were held overnight for observation.

To read more about this Texas industrial accident, click here to access the full article.

If you or someone you love has been injured in a Texas workplace accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance from an experienced Texas personal injury attorney, email us or phone us toll free at 1.866.322.6898.

Injured in a workplace accident? Contact a Texas personal injury lawyer

All too often, injured workers make the mistake of filing a worker’s compensation claim before speaking with a Texas personal injury lawyer. Depending on how, when and where your workplace accident occurred, someone other than your employer might be responsible for your injuries.

When a third party, such as a subcontractor or the manufacturer of a defective tool, is at fault for your accident, then you may be able to file a Texas personal injury lawsuit against them.

By filing a Texas personal injury lawsuit, you may be able to receive substantially more compensation for your injuries than worker’s compensation would provide. For example, with a Texas personal injury lawsuit, you might be awarded damages for pain and suffering, which is not available through worker’s compensation.

Determining who is at fault for your Texas workplace accident can be complicated. Workplace accidents are not always as straightforward as they may seem, which is why you need the advice of an experienced Texas personal injury lawyer.

To receive free legal advice about your Texas workplace accident, contact the law firm of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.322.6898 to speak with a Texas personal injury lawyer at no charge.

Lawsuit filed by family of man killed in Texas refinery blast

The family of a Texas worker killed in a refinery explosion has filed a lawsuit against two boilermaking companies.

The deadly explosion took place last month at Valero’s Texas City refinery. Worker Tommy D. Manis was killed when a boiler exploded, and two other workers were injured in the blast.

Manis and the others were trying to restart a steam boiler when a pressure blast occurred. Manis was killed instantly in the workplace accident.

The lawsuit is being brought by Roger Manis and Barbara Manis against Babcock & Wilcox Power Generation Group Inc. and Halgo Power Inc. In the lawsuit, the plaintiffs accuse the two companies of improperly designing, building and installing the boiler that exploded on December 4th.

The plaintiffs are seeking approximately $75,000 in damages and have requested a jury trial.

To read more about this Texas work accident lawsuit, click here to access the complete article.

If you have been injured in a Texas workplace accident, contact the personal injury attorneys of Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.322.6898.

Texas worker killed in industrial accident

A Texas man was killed while working on a construction site underneath the Neches River Bridge. The worker, whose name has not yet been released, was crushed under a dump truck-style trailer.

Apparently the worker was trying to repair a stuck lift when the hydraulics failed, causing the truck to topple over on top of him. The construction crew was hauling concrete at the time the accident occurred.

For more on this fatal Texas workplace accident, click here for the complete story.

If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice from a workplace accident lawyer, simply email us or phone us toll free at 1.866.322.6898.